Omaha daily bee., 1887-08-16
State Right. and National R,ohts.

No judicial opinion rendered in long
time commanded greater interest or ex-
cited more comment than has been &C.
corded the decision given by Justice
Bradley, of the United States supreme
court, in the case of the proposed brldg-
ing of the Arthur Kill. piece of water
separating New Jersey from New York.
An act of congress authorized the Balti-
more & Ohio railroad to build q bridge
across this water in order to obtain ter
minal facilities on Staten island, N. Y.
The New Jersey legislature re-
fused its consent, and the courts
of that state enjoined the railroad
company from beginning the work. The
case went to the United States court, re-
sulting In the decision adverse to the
state of New Jersey.
The particular point or proposition in
the decision of Justice Bradley that has
attracted comment is the averment that
I'm matters of foreign and Interstate
commerce there are no states" While
this is admittedly in harmony with re-
cent decisions of the supreme court, as
for example in the matter of state tax
states, and very little doubt is expressed
that it will be sustained by q ma
Jority of the supreme bench, it
is by far the broadest and most explicit
declaration OF the supreme national au-
thorlty in all matters relating to inter-
state commerce that has been made. AS
if to fortlfy it, Justice Bradley said fur
ther: 1.-The country is one. and when
ever the work to be undertaken is ma
tional in its nature state interests, state
jealousies and state prejudices do not
need to be consulted" If this view is
sustained there ought to be no difficulty
hereafter on the part of any state IN de-
termining how far its privileges and au-
thority extend with respect to
any matter which may effect,
however incidentally or remotely,
commerce between the states. 1t says
plainly that the power to regulate COM
merce with foreign nations and among
the several states has been devolved by
the constitution solely upon the congress,
and to that power no state shall inter-
pose any obstacle or interference. State
rights and authority cease when the OBJ
ject or instrument of commerce to be
affected by their exercise has relation to
the interests of other states. They are
operative only with respect to those
agencies of commerce which have their
beginning and ending within the limits
of the state.
While this doctrine Is not essentially
new it Is certainly an advance, and un-
doubtedly would not have been re-
ceived thirty years ago with the general
acquiescence that it is to-day. But the
wisdom of the trainers of the constitu
tion in placing in the hands of congres:
| the sole power to regulate commerce
with foreign nations and among the
states is most amply vindicated by the
present conditions which render the cen
tralization of this power absolutely nee.
essary. Nothing could be moro obvious
than that if it were otherwise, and eact
state possessed the power Il
| legislate at will respecting
commerce among the states, tn,
result would be continual conflict ant
general Generalization. Warning inter
ests and widely distributed powers would
keep contention active and greatly in
crease the opportunities for corruption
Nothing less powerful than the strong
arm of the government can be trusted t
regulate and keep in control the vas
and increasing instrumentalities of do
meshc commerce, and however much o
departure the doctrine promulgated by
Justice Bradley may be, it is unques
tionably the only safe principle for pres
ent and future guidance.